PROBLEM.
is not nothing new since the codification of the Civil Code in 1855 by Don Andres Bello, which came into force on January 1, 1857, it took classical forms of recruitment.
Today we find that from the ideological revolution our society has been the product of open borders and global markets, standards have emerged, such as the Consumer Protection Act, which comes to innovation in greater depth the issues of supply and membership recruitment, highlighting the problems of modern society like ours today.
To the author, occurs first, the best position of the bidder (usually a company looking for consolidation or expansion of the market claim) and at the same time a crisis in the autonomy of will suffered by the contractor. We must remember that generally the teaching of these contracts are called contracts without a subject.
From the first name of "contracts of adhesion" doctrinal positions have emerged almost always found on the themes of nature, concept and legal characteristics. Some in favor of simplicity and others against, the latter is the thesis that protects the author.
is why they try to give a clear view of the problem, my position and finally the different perceptions that must address this problem, it will begin to unravel this complex web
CHAPTER 1 .- Contracts These definitions found in the Royal Academy of the English language, will allow us to get into the various meanings of this word.
About this term we can find various meanings,
1.1 .- Contract
This comes from the Latin contractus. " Covenant, or agreement, oral or written, between parties who are bound over matter or thing, and whose compliance can be compelled. Also called the document containing the terms of this agreement.
Types of Contracts:
... .. random. contract in which one of the benefits is a casualty or appropriate; p. eg., the insurance contract
bilateral
... .... Which gives rise to obligations between the parties.
... ... enclosed. Which, in case of dismissal, requires very high compensation
... ... commutative. bilateral contract in which mutual benefits are determined and in this sense is opposed to gaming contract.
... ... consensual. Which is perfected by mere consent.
... ... agency. Which, in return for payment, requires a professional or a business to promote, and if complete, continuously trading operations for and on behalf of others.
hire ... .... lease deal.
... ... sharecropping. The temporarily lease requiring a certain good in exchange for a share of the profits from their exploitation.
... ... arbitration. Commitment to submit to the decision of one or more arbitrators to settle a present or future dispute, we enforce the arbitration award and prevents known to judges and courts.
... ... lease, the lease is a contract whereby one parties, called landlord requires delivery of a thing to its counterpart, the lessee, has a name and place of the owner, and use and enjoy it, paying the landlord a fee for the same.
The price may consist of a sum of money paid at once or in a periodic amount, which in this case is called income.
... ... lease and driving. That by which a person is obliged to perform work or provide a service to another using a certain price.
exchange ... .... That by virtue of which someone receives a certain amount of money to be made available or who order delivery, distinct people, for which given letter or warrant.
... ... commission merchant. Which is to conclude a commercial transaction on behalf of others, where one of the contractors have the legal status of merchant.
commodate
... .... Loan for use, with the obligation to return the thing lent in a certain period.
... ... of sale, or purchase and sale ~. Which aims at delivering a particular thing in exchange for a certain price.
... ... brokerage. Which requires a party to provide or promote, in exchange for a commission, the conclusion of a contract between the other party and another party.
... ... checking account. Agreement between two traders who seeks the netting in a given date of reciprocal claims arising from their business relationships.
... ... bank current account. Which imposes an obligation to make bank payments and collections on behalf of his client.
... ... en participation. One for which a person contributes by providing capital in the operations of another, becoming a participant in its prosperous or adverse outcomes in the proportion that both determined.
deposit ... .... Agreement to ensure the custody of a chattel of others, which requires that the recipient's obligation to return the thing as required by the person making the delivery.
... ... irregular deposit. He who seeks money and involves the ability to make use of it and the obligation to repay an amount equal to that received.
... ... miserable deposit or deposit required ~. Which, to be imposed by law or by a situation of need suffered by the depositor determines aggravating the criminal liability of the depositary in the case of appropriation of the things stored.
... ... discount. That by transmitting a credit claim, usually expressed in a document, in exchange for a cash price calculated by a rebate or discount on the value of the claim at the time of maturity.
donation ... .... Which is formed by the free will to convey one thing to accept such a transfer
... ... bail. Which establishes the obligation to pay or enforced by a third party should not do this.
... ... location and driving. Mutual agreement under which obliges the owner of a thing, movable or immovable, to give someone the use and enjoyment of it by time determined by a price or service has to satisfy the recipient.
... ... of work. Which lasts until the end of a particular job.
... ... of redemption. Convention incidental to the purchase and sale agreement, whereby the buyer agrees to reimburse the seller for the thing sold, through recovery, within a certain time or without time limit, the price they gave for it.
... ... of society. Which requires two or more people to pool money, goods or services, to achieve a common goal, usually profitable.
... ... emphyteuticus. The commutative, by which a property owner gives the useful domain, reserving direct, in recognition of which require the payment of a fee period, which Laudemio for each sale of that domain, and sometimes other benefits.
... ... nameless. That no suit those who are named in the law, held the parties using the freedom to agree.
... ... expensive. Which involves some consideration
... ... perfect. One who has all the requirements for full legal
... ... real. He who for the birth of obligations requires not only consent, delivery of things like the simple loan, loan, pledge and deposit.
... ... synallagmatic. bilateral contract.
... ... trill. Combining ancient and simulated company contracts, transfer or purchase and safe, which involved a loan and was held to circumvent usury laws and interest rate.
... ... unilateral. That they are born obligations of the parties, as the loan or deposit.
... ... almost / quasi.
1.2 .- Treatment of contracts in our Civil Code: The convention is the agreement of wills that lies on any agreement that seeks to create, alter or extinguish any right, designed to produce effects, ie to regulate the rights of the parties. It was a bilateral or multilateral business since the contest required two or more wills. Is the gender with regard to contracts. The contract applies to any agreement of wills recognized by civil law, intended to create obligations enforceable civilly
Andrés Bello pose confusing contracts with the convention without separating the relationship of genera / species in them.
This possibly motivated by the time the code was dictated, as the dynamics of that time did not to this distinction.
This topic found in the articles that come in the following definition: Art
1438. Contract or agreement is an act by which a party undertakes to another to give, do or not do something. Each party may be one or many people. Art
1439. The contract is unilateral when one party is obligated to not contract with another obligation, and bilateral, when the contracting parties obligate themselves reciprocally. Art
1440. The contract is free or charity when only concerns the usefulness of a party, the other suffering the charge, and costly, where it is to the utility of both contracting taxed each other's benefit. Art
1441. The onerous contract is commutative, where each of the parties undertakes to give or do something that is regarded as equivalent to what the other party must give or do turn, and if the equivalent is a gain contingency uncertain or loss, is called random. Art
1442. The main contract when Subsisting itself without need for another convention, and accessories, where it is to ensure the fulfillment of an obligation, so that it can not survive without it. Art
1443. The contract is real time, to be perfect, we need the tradition of the thing referred to, is solemn when subject to compliance with certain special formalities, so that without them does not produce any civil effect, and it is consensual when perfected by mere consent.
· consensual, is perfected by mere consent
· Royal: You must deliver the thing Tradition, use Loan, loan
· Solemn: Certain special formalities so that without them no civil effects
Art 1444. Differ in each contract, the things that are of its essence, which are of their nature, and purely accidental. Are the essence of a contract for those things without which or no effect, or degenerates into another separate contract, are the the nature of a contract not to be essential in it, are understood to belong, without a special clause, and incidental to a contract are those that neither essential nor naturally belong, and which are added by means of special provisions.
is not nothing new since the codification of the Civil Code in 1855 by Don Andres Bello, which came into force on January 1, 1857, it took classical forms of recruitment.
Today we find that from the ideological revolution our society has been the product of open borders and global markets, standards have emerged, such as the Consumer Protection Act, which comes to innovation in greater depth the issues of supply and membership recruitment, highlighting the problems of modern society like ours today.
To the author, occurs first, the best position of the bidder (usually a company looking for consolidation or expansion of the market claim) and at the same time a crisis in the autonomy of will suffered by the contractor. We must remember that generally the teaching of these contracts are called contracts without a subject.
From the first name of "contracts of adhesion" doctrinal positions have emerged almost always found on the themes of nature, concept and legal characteristics. Some in favor of simplicity and others against, the latter is the thesis that protects the author.
is why they try to give a clear view of the problem, my position and finally the different perceptions that must address this problem, it will begin to unravel this complex web
CHAPTER 1 .- Contracts These definitions found in the Royal Academy of the English language, will allow us to get into the various meanings of this word.
About this term we can find various meanings,
1.1 .- Contract
This comes from the Latin contractus. " Covenant, or agreement, oral or written, between parties who are bound over matter or thing, and whose compliance can be compelled. Also called the document containing the terms of this agreement.
Types of Contracts:
... .. random. contract in which one of the benefits is a casualty or appropriate; p. eg., the insurance contract
bilateral
... .... Which gives rise to obligations between the parties.
... ... enclosed. Which, in case of dismissal, requires very high compensation
... ... commutative. bilateral contract in which mutual benefits are determined and in this sense is opposed to gaming contract.
... ... consensual. Which is perfected by mere consent.
... ... agency. Which, in return for payment, requires a professional or a business to promote, and if complete, continuously trading operations for and on behalf of others.
hire ... .... lease deal.
... ... sharecropping. The temporarily lease requiring a certain good in exchange for a share of the profits from their exploitation.
... ... arbitration. Commitment to submit to the decision of one or more arbitrators to settle a present or future dispute, we enforce the arbitration award and prevents known to judges and courts.
... ... lease, the lease is a contract whereby one parties, called landlord requires delivery of a thing to its counterpart, the lessee, has a name and place of the owner, and use and enjoy it, paying the landlord a fee for the same.
The price may consist of a sum of money paid at once or in a periodic amount, which in this case is called income.
... ... lease and driving. That by which a person is obliged to perform work or provide a service to another using a certain price.
exchange ... .... That by virtue of which someone receives a certain amount of money to be made available or who order delivery, distinct people, for which given letter or warrant.
... ... commission merchant. Which is to conclude a commercial transaction on behalf of others, where one of the contractors have the legal status of merchant.
commodate
... .... Loan for use, with the obligation to return the thing lent in a certain period.
... ... of sale, or purchase and sale ~. Which aims at delivering a particular thing in exchange for a certain price.
... ... brokerage. Which requires a party to provide or promote, in exchange for a commission, the conclusion of a contract between the other party and another party.
... ... checking account. Agreement between two traders who seeks the netting in a given date of reciprocal claims arising from their business relationships.
... ... bank current account. Which imposes an obligation to make bank payments and collections on behalf of his client.
... ... en participation. One for which a person contributes by providing capital in the operations of another, becoming a participant in its prosperous or adverse outcomes in the proportion that both determined.
deposit ... .... Agreement to ensure the custody of a chattel of others, which requires that the recipient's obligation to return the thing as required by the person making the delivery.
... ... irregular deposit. He who seeks money and involves the ability to make use of it and the obligation to repay an amount equal to that received.
... ... miserable deposit or deposit required ~. Which, to be imposed by law or by a situation of need suffered by the depositor determines aggravating the criminal liability of the depositary in the case of appropriation of the things stored.
... ... discount. That by transmitting a credit claim, usually expressed in a document, in exchange for a cash price calculated by a rebate or discount on the value of the claim at the time of maturity.
donation ... .... Which is formed by the free will to convey one thing to accept such a transfer
... ... bail. Which establishes the obligation to pay or enforced by a third party should not do this.
... ... location and driving. Mutual agreement under which obliges the owner of a thing, movable or immovable, to give someone the use and enjoyment of it by time determined by a price or service has to satisfy the recipient.
... ... of work. Which lasts until the end of a particular job.
... ... of redemption. Convention incidental to the purchase and sale agreement, whereby the buyer agrees to reimburse the seller for the thing sold, through recovery, within a certain time or without time limit, the price they gave for it.
... ... of society. Which requires two or more people to pool money, goods or services, to achieve a common goal, usually profitable.
... ... emphyteuticus. The commutative, by which a property owner gives the useful domain, reserving direct, in recognition of which require the payment of a fee period, which Laudemio for each sale of that domain, and sometimes other benefits.
... ... nameless. That no suit those who are named in the law, held the parties using the freedom to agree.
... ... expensive. Which involves some consideration
... ... perfect. One who has all the requirements for full legal
... ... real. He who for the birth of obligations requires not only consent, delivery of things like the simple loan, loan, pledge and deposit.
... ... synallagmatic. bilateral contract.
... ... trill. Combining ancient and simulated company contracts, transfer or purchase and safe, which involved a loan and was held to circumvent usury laws and interest rate.
... ... unilateral. That they are born obligations of the parties, as the loan or deposit.
... ... almost / quasi.
1.2 .- Treatment of contracts in our Civil Code: The convention is the agreement of wills that lies on any agreement that seeks to create, alter or extinguish any right, designed to produce effects, ie to regulate the rights of the parties. It was a bilateral or multilateral business since the contest required two or more wills. Is the gender with regard to contracts. The contract applies to any agreement of wills recognized by civil law, intended to create obligations enforceable civilly
Andrés Bello pose confusing contracts with the convention without separating the relationship of genera / species in them.
This possibly motivated by the time the code was dictated, as the dynamics of that time did not to this distinction.
This topic found in the articles that come in the following definition: Art
1438. Contract or agreement is an act by which a party undertakes to another to give, do or not do something. Each party may be one or many people. Art
1439. The contract is unilateral when one party is obligated to not contract with another obligation, and bilateral, when the contracting parties obligate themselves reciprocally. Art
1440. The contract is free or charity when only concerns the usefulness of a party, the other suffering the charge, and costly, where it is to the utility of both contracting taxed each other's benefit. Art
1441. The onerous contract is commutative, where each of the parties undertakes to give or do something that is regarded as equivalent to what the other party must give or do turn, and if the equivalent is a gain contingency uncertain or loss, is called random. Art
1442. The main contract when Subsisting itself without need for another convention, and accessories, where it is to ensure the fulfillment of an obligation, so that it can not survive without it. Art
1443. The contract is real time, to be perfect, we need the tradition of the thing referred to, is solemn when subject to compliance with certain special formalities, so that without them does not produce any civil effect, and it is consensual when perfected by mere consent.
· consensual, is perfected by mere consent
· Royal: You must deliver the thing Tradition, use Loan, loan
· Solemn: Certain special formalities so that without them no civil effects
Art 1444. Differ in each contract, the things that are of its essence, which are of their nature, and purely accidental. Are the essence of a contract for those things without which or no effect, or degenerates into another separate contract, are the the nature of a contract not to be essential in it, are understood to belong, without a special clause, and incidental to a contract are those that neither essential nor naturally belong, and which are added by means of special provisions.
continued on next post ....
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